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INDUSTRIAL COMMISSION v. JORDAN

No. 1 CA-CIV 704.

9 Ariz. App. 23 (1968)

448 P.2d 895

The INDUSTRIAL COMMISSION of Arizona, Appellant, v. Joe JORDAN, Jr., dba Jordan's Hacienda, Appellee.

Court of Appeals of Arizona.

Rehearing Denied January 27, 1969.

Review Denied March 4, 1969.

Attorney(s) appearing for the Case

Robert K. Park, Former Chief Counsel, Robert D. Steckner, Chief Counsel, by Michael Lasher, Phoenix, for appellant.

Snell & Wilmer, by Edward Jacobson and Paul Wentworth, Phoenix, for appellee.

STEVENS, Judge.

This is an appeal from a summary judgment granted by the Superior Court in favor of appellee and against the appellant. Appellant will be hereinafter referred to as the "Commission" and appellee will be referred to as "Jordan".

The judgment appealed from is, in part, as follows:

"(2) that it is unlawful for The Industrial Commission of Arizona to include tips or gratuities received from persons other than the employer in its computation...

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